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Terminations

Base light-duty policy on business necessity; enforce it consistently

08/01/2004
Employers are very leery about firing pregnant employees, and rightly so. But don’t let your lawsuit fears paralyze you from taking legal, appropriate actions.
In short, federal law requires that …

Why you need a forfeiture clause in every job contract

08/01/2004

If your organization writes employment contracts for key employees, it may be making one costly mistake: unconditionally guaranteeing salary and benefits to employees, even if they commit misconduct that would warrant firing …

Resignation Notice Policy May Not Be Enforceable

08/01/2004

Q. Is it legal to require management employees to give us a longer resignation period than other employees? —M.L., Missouri

Are departed employees eligible for bonuses?

08/01/2004

Q. Our company pays out bonuses in the year after the work is completed, sometimes late into the first quarter. If an employee resigns prior to the bonus payout date (say in January), do we have to pay that employee the bonus? —A.G., South Carolina

Employees rarely win emotional distress lawsuits.

07/01/2004
When a pharmacist sued for unpaid overtime, he also added an “emotional distress” claim, saying the company’s failure to pay overtime caused him to resign. The court didn’t buy it, saying …

Don’t stretch truth in exchange for lawsuit waiver

07/01/2004
Issue: When will a court hold you to an employment contract? Risk: Promising a former employee that you’ll fudge the truth on job references in exchange for a lawsuit waiver …

Can employees harass co-workers in the name of ‘creativity’?

07/01/2004
If your workplace has a “creative” side to it, listen up: A court has ruled for the first time that you can defend a sexual harassment claim by arguing a “creative …

Check the validity of reasons behind a supervisor’s call for firing

07/01/2004
If you’re involved in termination decisions, don’t always take supervisors’ comments at face value. Consider doing your own investigation before taking action. Your goal is to independently verify the information you’re …

You don’t have to accept after-the-fact proof of FMLA leave

07/01/2004
The Family and Medical Leave Act (FMLA) requires workers to give their employers notice of their need for leave. But you have the right to deny leave when the provided information …

High court gives ‘quitters’ new legal power

07/01/2004
Don’t make the mistake of assuming that your obligation to investigate a harassment complaint ends when the victimized employee quits.
Reason: The U.S. Supreme Court just ruled that employees who …